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Under which law is this illegal? I'm only aware of legislation that forces websites to ask for consent for storing cookies.

Yujf 3y ago
GDPR
robin_reala 3y ago
The ePrivacy Directive (collaqually Cookie Law) doesn’t actual specify only cookies. Section 66 of https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009L0136 https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL... just talks about third parties storing information on equipment: Third parties may wish to store information on the equipment of a user, or gain access to information already stored, for a number of purposes, ranging from the legitimate (such as certain types of cookies) to those involving unwarranted intrusion into the private sphere (such as spyware or viruses). It is therefore of paramount importance that users be provided with clear and comprehensive information when engaging in any activity which could result in such storage or gaining of access. The methods of providing information and offering the right to refuse should be as user-friendly as possible. Exceptions to the obligation to provide information and offer the right to refuse should be limited to those situations where the technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user. Where it is technically possible and effective, in accordance with the relevant provisions of Directive 95/46/EC, the user’s consent to processing may be expressed by using the appropriate settings of a browser or other application. The enforcement of these requirements should be made more effective by way of enhanced powers granted to the relevant national authorities.
- Thorrez 3y ago
  That sounds like it applies to cookies and local storage, not all tracking. It doesn't sound like it applies to IP-based or device fingerprint-based tracking.
  - cccbbbaaa 3y ago
    If you are able to identify a unique user from its browser fingerprint, then it's personal data: GDPR applies. And for ad purposes, consent is pretty much required.
    - Thorrez 3y ago
      Yes GDPR applies, but the part that I was replying to doesn't.
  - pph 3y ago
    It's two different directives: - ePrivacy Directive which is about local storage - GDPR which is about information processing

Yujf 3y ago

GDPR

robin_reala 3y ago

The ePrivacy Directive (collaqually Cookie Law) doesn’t actual specify only cookies. Section 66 of https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009L0136 https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL... just talks about third parties storing information on equipment: Third parties may wish to store information on the equipment of a user, or gain access to information already stored, for a number of purposes, ranging from the legitimate (such as certain types of cookies) to those involving unwarranted intrusion into the private sphere (such as spyware or viruses). It is therefore of paramount importance that users be provided with clear and comprehensive information when engaging in any activity which could result in such storage or gaining of access. The methods of providing information and offering the right to refuse should be as user-friendly as possible. Exceptions to the obligation to provide information and offer the right to refuse should be limited to those situations where the technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user. Where it is technically possible and effective, in accordance with the relevant provisions of Directive 95/46/EC, the user’s consent to processing may be expressed by using the appropriate settings of a browser or other application. The enforcement of these requirements should be made more effective by way of enhanced powers granted to the relevant national authorities.

Thorrez 3y ago
That sounds like it applies to cookies and local storage, not all tracking. It doesn't sound like it applies to IP-based or device fingerprint-based tracking.
- cccbbbaaa 3y ago
  If you are able to identify a unique user from its browser fingerprint, then it's personal data: GDPR applies. And for ad purposes, consent is pretty much required.
  - Thorrez 3y ago
    Yes GDPR applies, but the part that I was replying to doesn't.
- pph 3y ago
  It's two different directives: - ePrivacy Directive which is about local storage - GDPR which is about information processing